MATTER OF McLEAN v. VALLEY STREAM UNION FREE SCHOOL DISTRICT 30


48 A.D.3d 571 (2008)

852 N.Y.S.2d 227

In the Matter of LEANZA McLEAN et al., Respondents, v. VALLEY STREAM UNION FREE SCHOOL DISTRICT 30, Appellant, et al., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 13, 2008.


Ordered that the order is affirmed, with costs.

The petitioners commenced this proceeding for leave to serve a late notice of claim in connection with injuries that the infant petitioner allegedly sustained as the result of an accident in her gym class on January 23, 2006 when she fell off a balance beam. The infant petitioner went to the nurse's office after the fall, and on the following day her mother called the school and spoke to staff members about the accident...

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